Monthly Archives: June, 2025
David Winterton, ‘Contractual Remoteness and Psychiatric Injury in the High Court’
ABSTRACT The origin of the modern doctrine of remoteness of damage in the law of contract is Alderson B’s famous dictum in Hadley v Baxendale (‘Hadley’). That dictum stipulates that, absent ‘special circumstances’, loss resulting from a breach of contract is recoverable only when it arose ‘according to the usual course of things’, or could […]
Kit Barker, ‘Suicide, Madness and the State: The Tale from Tort’
ABSTRACT This chapter tackles the contemporary question of the State’s responsibility in respect of suicide through the particular lens of tort law, by asking when, if ever, it owes a duty of care to citizens to exercise its statutory powers to protect them against suicide risk. The growth in State responsibility in this field is […]
Kenneth Jacobsen, ‘Navigating [The] Amazon: Liability of E-Commerce Companies for Defective Products Sold Through Their Internet Websites’
ABSTRACT There has been an explosion in e-commerce consumer sales transactions over the past few years – a trend that increased significantly during the pandemic. But what happens when one of those products is defective and causes injuries to the purchaser? The vendors of products sold through these internet transactions are often foreign entities beyond […]
Nelson Guimaraes Barros, ‘The Absence of the Nobel Prize in Law: Between Scientific Recognition and the Civilizational Relevance of the Legal Order’
ABSTRACT This essay investigates the reasons why law remains excluded from the Nobel Prize system, arguing that this absence does not stem from a technical limitation of the legal discipline, but rather from a restrictive conception of science that marginalizes forms of normative and institutional rationality. Drawing on the critique developed by thinkers such as […]
Born and Klein, ‘No-Fault Auto Insurance Reform in Michigan: An Initial Assessment Revised’
ABSTRACT When Michigan instituted no-fault auto insurance in 1973, its proponents argued that it would be a much more efficient and less costly system for administering auto insurance claims than tort liability. Unfortunately, the opposite eventually proved to be true. Michigan’s system was unique among states in that it provided unlimited no-fault medical benefits and […]
József Benke, ‘“Should I have been Carried from the Womb to the Grave?”: The Judicial Practice of Pecuniary Damages for Birth with Genetic or Teratological Harm in Hungary and its Possible Impact on Medical Practice’
ABSTRACT The medical content of the concept of fetal genetic or teratological harm, or of a disorder incompatible with postnatal life, which is a legal condition of the right of self-determination to terminate pregnancy granted until the 20th/24th week of pregnancy or without time limitation in Hungary, is changing as medical science and diagnostics evolve. […]
Abdi Aidid, ‘Access to Justice and Civil-Procedural Bargaining’
ABSTRACT There is a virtual consensus that there is an ‘access-to-justice’ crisis in Canada. Some of the more concerning elements of the crisis-namely, the inaccessibility of courts-were brought into sharp focus at the onset of the global COVID-19 pandemic, wherein the already strained Ontario courts seemed poised to incur more ‘case debt’ and add to […]
Rosemary Teele Langford, ‘Corporate Purpose: Meaningful Change or Marketing Tool?’
ABSTRACT Recent times have seen an explosion of interest in, and focus on, the concept of corporate purpose in a number of disciplines partly in response to shifts in societal expectations of companies and their directors. However, as outlined in this paper, there are a number of challenges to meaningful outworking of corporate purpose in […]
De Barbieri and Reyhan, ‘Art As Real Property’
ABSTRACT In 2020, the Baltimore Museum of Art horrified the art world-it announced it would sell three high-profile works. Museum officials said the sales-a process known as deaccession-were necessary to care for the collection, support staff salaries, fund diversity and equity initiatives, and purchase art created by women and BIPOC artists. Importantly, museum industry standards […]
Medhavi Goyal, ‘Protecting the Vulnerable: A Comparative Analysis of Policies Addressing Cyberbullying of Women and Minors’
ABSTRACT Cyberbullying threatens the very safety and well-being of women and minors in this digital age. On a global scale, as social media and internet access expand, these groups face singular vulnerabilities through gender-and age-related power dynamics. The paper attempts to understand the nature of cyberbullying in its psychological, social, and legal manifestations. Policies and […]